Chicago Car Accident Lawyer Blog

NYDailyNews.com reports that a driver who caused a devastating 2009 collision may be held liable for the accident that left two individuals severely injured. Our Chicago car accident attorneys learned that the accident in question transpired in September of 2009 when the defendant driver was texting while driving and subsequently struck a couple riding on a motorcycle.

The couple both lost their left legs as a result of the accident. Ultimately, the driver pleaded guilty to three motor vehicle summonses from the accident; including: using a hand-held cell phone while driving, careless driving, and failure to maintain a lane. He was sentenced to $755 in fines and ordered to speak about the dangers of texting while driving at local high schools.

However, our Chicago accident attorneys that as a result of the horrific crash, the couple has launched a public campaign against texting while driving. Additionally, the couple has filed a lawsuit against the driver, as well as, the individual the driver was texting. Court documents assert that the woman the driver was texting knew her teenage friend was driving and continued to text him anyway despite the dangers posed by such practice.

The couple’s lawyer argues that even though the woman was not present in the vehicle at the time of the accident, she was “electronically present.” Additionally, her actions are comparable to an individual who enables someone to drive drunk. However, a Chicago accident attorney at our firm learned that a lawyer for the woman argues that as a text message sender, she maintains the right to assume that her text message would be read at a reasonable and safe time.

Up to date distracted driving statistics provided by the National Highway Traffic Safety Administration further reveal how devastating this epidemic has become. As of 2010, the percentage of drivers who use a cell phone (whether talking or texting) has increased by 0.9 percent. It has been revealed that the level of hand-held cell phone use was higher among female drivers than it was for male drivers, all the while, younger drivers ages 16 to 24 were found to be more likely to use a hand-held cell phone.

Additional statistics provided by the National Highway Traffic Safety Administration show that in 2010 there were approximately 3,092 fatalities as a result of distraction-related accidents – although the number is probably much greater. Moreover, every year, roughly 6,000 deaths and nearly 500,000 injuries are caused by distracted drivers. Our accident attorneys in Chicago continue to encourage drivers to refrain from dangerous distracted behavior while driving in order to ensure that our busy roadways are a safe place to travel.

Lawyers.com recently released a report detailing the settlement of a lawsuit stemming from a devastating distracted driving accident. Our Chicago accident lawyers learned that the accident in question transpired in February 2010 when the 53-year-old accident victim was traveling from Florida to Alabama in order to obtain a new job. However, the driver’s passenger vehicle was abruptly rear-ended along an interstate highway during his commute. As a direct result of the accident, the 53-year-old shattered two of his vertebrae – ultimately leaving him with no motor functions below his chest.

Shortly thereafter, the accident victim filed a negligence lawsuit against the driver of the passenger vehicle that rear-ended him – subsequently leaving him paralyzed from the waist down. However, during the trial, the defendant alleged that the victim was the party who was actually responsible for the accident. She alleged that the victim pulled right out in front of her when exiting a gas station. Nevertheless, the victim maintained that he has been traveling in that particular lane for over a mile before he was tragically struck from behind.

Our Chicago car accident attorney learned that during the crash investigation is was revealed that the defendant driver has both sent and received a text message within a two-minute window around the time the tragic accident transpired. Ultimately, this evidence was enough to convince to the jury that the defendant driver was not paying attention prior to the accident that left the victim paralyzed for life. The jury awarded the 53-year-old victim $13 million – all compensatory for his past and future medical expenses, as well as, all other losses.

The news article reveals the accident victim in this case is not the only one to sustain devastating injury and harm as the result of a driver texting while driving. According to the National Safety Council, over 23 percent of motor vehicle accidents (or approximately 1.3 million per year) are a direct result of drivers distracted by phone calls or texting. Additional statistics provided by the National Highway Traffic Safety Administration reveal that phone use was involved in 3,092 highway deaths in 2010 alone.

If you or a loved one has been injured or killed in an Illinois car accident, please consult our experienced Chicago car accident lawyers as soon as possible. Our knowledge attorneys will provide a free initial consultation to help determine what legal rights, representation and relief may be available to you.

Earlier this week, MySuburbanLife.com released a news report confirming the month of April as Distracted Driving Month. In light of the emphasis placed on the harms and dangers associated with distracted driving, our Chicago car accident lawyers urge our readers to become more educated on the topic and its increasing epidemic.

According to the National Highway Traffic Safety Administration, distracted driving is defined as “any activity that could divert a person’s attention away from the primary task of driving.” More often than not, these distractions endanger the lives of the driver, passengers, surrounding motor vehicles, pedestrians, as well as, bicyclists that may be traveling in close range.

Any Chicago accident lawyer will tell you that some of the most common driver distractions include activities such as: texting, talking on a cellular telephone, reading roadmaps, adjusting the vehicle’s radio, as well as, eating/drinking.

Under current Illinois law, it is illegal for drivers of any age to text while operating a motor vehicle. Additionally, it is also illegal for driver of any type of vehicle to talk on a handheld cellular telephone while traveling through a school zone or a construction zone. Another aspect of Illinois law forbids drivers under the age of 19 from using wireless phones during vehicle travel.

The article points out that teen drivers are more likely than any other age group of drivers to be involved in a fatal motor vehicle collision in which driver distraction plays a prominent role. Recent statistics shows that 40 percent of teens in the United States admitted to being in a motor vehicle where the driver was using their cellular telephone in a manner that could ultimately cause an accident.

The National Highway Traffic Safety Administration and Distraction.gov further highlights the dangerous nature of operating a motor vehicle in a distracted manner. Our Chicago auto accident lawyers learned that in 2009. 5,474 people were killed in motor vehicle accidents involving driver distraction, while an estimated 448,000 were injured in these accidents.

Sending or receiving texts messages also pose a severe danger to driver safety. Sending or receiving a text message takes a driver’s eyes from the road for an average of 4.6 seconds - the equivalent-at 55 mph-of driving the length of an entire football field, blind. Additionally, the University of Utah found that using a cell phone while driving – whether it’s hand-held or hands-free delays a driver’s reaction time as much as having a blood alcohol concentration of 0.08 – the legal limit.

A Chicago car accident lawyer at our firm read an interesting article earlier today posted on DailyHerald.com. According to the report, members of the House of Representatives voted today to officially ban talking on a cellular phone while driving without a hands-free device. With a majority vote of 62-53 – including favorable votes from Illinois House members, the proposed ban will enter the Senate for further debate.

The regulation would ultimately hold that drivers caught talking on a hand-held phone while driving would be fined $75 for the first offense and $150 each for four or more offenses. However, drivers would be legally permitted to talk on a cellular telephone with a hands-free device or speakerphone.

Supporters for this regulation believe that the cell phone ban would decrease the amount of distracted drivers and further prevention dangerous traffic accidents. However, those who criticize the regulation believe the concept as “nanny-state legislation” that outlaws common behavior. Furthermore, critics wonder why lawmakers won’t just outright ban all activities that causes driver distraction and may ultimately lead to accidents.

Currently, the state of Illinois has already enacted legislation that bans texting or sending e-mails while driving. Unfortunately, our Chicago auto accident attorney learned that policing authorities around the state are having a difficult time enforcing due to the difficulty of determining which particular cellular phone functions are in use. However, state regulation does prohibit talking on a cellular telephone in a work or school zone.

Our Illinois car accident attorneys at Levin & Perconti are pleased to learn about proposed legislation that aims at decreasing the overabundance of distracted driving around the state, as well as, the nation. Distracted driving, which most commonly includes cellular telephone use, continues to remain a common source of devastating accidents resulting in injury and fatality. According to statistics provided by the National Highway Traffic Safety Administration, in 2009, 16% of all fatal accidents involved reports of distracted driving, while 20% resulted in injury.

Our Chicago accident attorneys continue to encourage safe driving habits for drivers of all types of motor vehicles. In order to ensure safe travel, drivers should always: keep their hands on the wheel and eyes on the road, refrain from taking calls while driving, avoid texting during vehicle operation and always wear a safety belt. These simple steps could one day help save the life of you or a loved one or prevent the premature death of another.

Recently, myFoxDetroit.com reported that there is a new technology coming to Ford automobiles that helps to detect when a driver is drowsy. According to the article, 40 percent of drivers say they have fallen asleep while operating a vehicle. This alarming statistic is what motivated companies such as Ford to create new technology to prevent accidents. The system recognizes the lane lines, and when a driver starts to alter their path from that of the lane lines, the car sends alarms to wake the driver up. By using cameras, and alarms, vibrations in the steering wheel, and the program helps to keep drowsy driver safe on the road.

Our Illinois car accident attorneys encourage further development of this type of technology, because when someone drives drowsy, they don’t only endanger their own safety, but also the safety of others on the road. As mentioned in some of our previous blog posts, organizations such as DrowsyDriving.org offer some helpful resources and alarming facts that should encourage readers to avoid driving drowsy. Some warning signs that drivers should avoid driving include:

• Difficulty focusing
• Heavy eyes or head
• Inability to pay attention to the road
• Yawning often
• Lane drifting
• Or feeling restless

In order to prevent accidents and possible injury, our readers should always make sure they are well rested before driving, and if you are driving on a long road trip, it is important to take frequent breaks. If you do feel any of the warning signs of drowsiness approaching, make sure to pull over and get the necessary rest. Remember, caffeine and other stimulants are no substitute for sleep.

If you or a loved one has been seriously injured by a driver who fell asleep behind the wheel, contact our Chicago car accident lawyers to see how we may be able to help you. We have successfully handled many cases involving negligent drivers, and a lawsuit would not only help you to receive fair compensation, but can also to bring attention to the seriousness of driving drowsy. Being involved in this type of accident can result in serious injury, which can also mean expensive medical bills, or not being able to work for a period time. Therefore it is important to seek compensation for the harms caused. Please contact us to discuss your potential lawsuit.

In the midst of National Teen Driver Safety Week, USAToday reported about a State Farm survey which concluded that over half of all parents admit to being distracted by devices- such as cellphones, GPS systems, or the radio- while teaching their teens to drive. However, when the survey asked teens, they said that over 60% of parents were distracted when teaching them to drive.

After reading this report, our Illinois accident attorneys wanted to remind our parent readers that they are role models for their teen drivers. If parents want teens to stay off the phone and stay focused on the road, they should set the same example while teaching them the rules of the road. The survey also reported that over half of the teens surveyed had been in the car when their parents drove and used the cell phone simultaneously. A Transportation Secretary stated that putting the cell phone away when driving “is not just common sense safe behavior, it’s a life-long lesson for the children in the backseat.” Continuing on with National Teen Driver Safety Week, parents should help teach their teens to drive safely.

Our Chicago car accident attorneys also read on Market Watch online that although there are many organizations spreading the word about the risks of distracted driving, it is often the parents’ behaviors that teach teens that driving while distracted is okay. If parents want their children to avoid distractions when on the road, they should avoid distractions not only when their teens are in the car observing or driving, but also at all times when behind the wheel. While their teen is behind the wheel learning to drive, parents should be equally as alert in order to teach more effectively and be an alert coach.

Whether behind the wheel or riding with a teen driver, parents should set the example that they want their teens to follow. Our Illinois car crash lawyers encourage teens and their parents to spend more time behind the wheel together, and to become educated together. When a teenager learns to drive, it is a great opportunity for parents to brush-up on their driving skills and also learn about how to be a safer driver themselves. Hopefully the messaged being sent to teen drivers this week will resonate with parents and other family members so that everyone cuts down on distracted driver. If parents teach their children about driving safety, they will feel more comfortable with their teens behind the wheel, and will instill in them the qualities of a driver that they want their teen to possess. We hope all of our readers will avoid distractions, when they are with their teen in the car, and when their teens are not in the car as well.

Earlier this week, the Chicago Tribune reported a Chicago pedestrian accident involving a woman who was arrested for driving under the influence. Two hours later, she was released and thirty minutes after she was released, the woman was killed on the Eisenhower when a truck hit her while walking near the median . The victim's family questions why the police released her while she might have still been under the influence of drugs or alcohol, instead of keeping her held in custody until she was sober. When looking back on reports, police say that the woman appeared sober and alert when they dropped her off at a nearby gas station. Further investigation continues to determine why the woman was walking by foot on the Eisenhower after being released from the police station.

It is unclear in this case who is to blame, and whether or not the police should have released the woman. It makes our Illinois car accident attorneys question what is the proper protocol for releasing DUI drivers, even if they are able to post bond right away. If the police hadn't released her so close to her arrest, her death may have been avoided.

The story also brings up issues of pedestrian safety. Even though drivers on the highway probably would never expect to see a pedestrian on a roadway such as this, they need to pay close attention and avoid all distractions. In this case, if
the truck had seen the woman walking down the highway, he maybe could have
avoided hitting the walking woman. According to Directgov, "Pedestrians MUST NOT be on motorways or slip roads except in an emergency."

Our Chicago accident attorneys hope that readers take driving under the influence seriously and realize that it can lead not only to arrests, but to dangerous decisions that can lead to personal injury or death. If you have been involved in a pedestrian accident, a DUI accident, or a distracted driving accident, or have lost a loved one due to another driver's negligence, please contact our Illinois accident attorneys to see how we may be able to help you to receive fair compensation, and also some peace of mind. Lawsuits do not only help to receive monetary compensation, but also bring attention and awareness to the issue at hand. Please contact us to talk about your legal rights and a potential lawsuit.

Last week FoxNews reported a fatal car accident involving cell phone usage. A young adult was found to be texting two to three minutes before the accident occurred, and due to her distracted driving, she crashed into a garbage truck head-on. The young woman died during the crash and an unsent message was found on her phone when investigating the accident site.

Texting while driving, and driving distracted in general, is extremely dangerous and, as illustrated here, can cause harmful injuries or even death. A new organization called TXTResponsibily raises awareness to the issues that texting while driving pose. They are working towards new texting laws and educational awareness campaigns to spread the message. As mentioned in previous posts, our Illinois injury attorneys continue to encourage drivers to focus on the road and avoid all distractions. Distraction.gov has a feed on their site with recent accidents to bring awareness to the frequency of these accidents. The site also has a list of top Illinois texting laws including:

• A ban on all cell phone use for all types of bus drivers
• A ban on all cell phone use for all drivers under the age of 19
• A ban on all texting for all drivers
• A ban on all cellphone use for school zones or highway construction zones

According to the site, there are three types of distractions on the road, visual, manual and cognitive. This basically means when drivers aren’t looking at the road, when they are not steering the wheel, and not focusing. There are many types of distractions that drivers partake in, including cell phone usage and texting, using a GPS or social network, talking to others, or using other technologies.

Our Illinois car accident attorneys plead with all drivers to put distractions aside when on the road, because not only can they harm themselves, but also other drivers on the road. Distraction.gov also reports some alarming statistics including that in 2009, 20 percent of crashes involved reports of distracted driving and that “using a cell phone while driving delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.” These statistics show that there is a severe issue in America when it comes to drivers focusing on the road.

Distracted driving is reported to be the number one killer of American teens, according to Negligent Driving. Distracted driving is not something to be taken lightly, and our Illinois accident attorneys are aware of the severity. If you have been injured due to a negligent or distracted driver, or have lost a loved one to another’s mistake, you may be able to receive fair compensation and some piece of mind. Filing a law suit would not only help to cover medical fees, medication costs, or doctor’s appointments, but it would also help to continue to bring attention to the risks that driving distracted have. Please contact our Illinois car accident attorneys to see how we may be able to help you.